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Post by 2ncrca on Apr 14, 2011 12:29:14 GMT -5
DHS has arrested a website owner for nothing more than linking his website to other websites where streaming video could be viewed. The report points out that the defendant did NOT make any attempts to COPY the materials but just to provide links to the various sites. This could have serious implications for anyone who provides a link to websites, documents, or to YouTube videos. act.demandprogress.org/sign/dhscomplaint/?source=frontORIGINAL: Brian McCarthy ran a website, channelsurfing.net, that linked to various sites where you could watch online streams of TV shows and sports networks. A couple months ago, the government seized his domain name and on Friday they arrested him and charged him with criminal copyright infringement -- punishable by five years in prison.
We just obtained a copy of the complaint (below) that the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) made against him -- and they don't even allege that he made a copy of anything! Just that he ran what they call a "linking website" which linked to various sites with copyrighted material. Under that sort of thinking, everyone who's sent around a link to a copyrighted YouTube video is a criminal.
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Post by avordvet on Apr 14, 2011 12:38:25 GMT -5
I'm thinking this was tried in the courts quite a few years ago and the courts said linking was "fair use"... I wonder if something else going on here, especially since the site looks like a Leftist organizing site?
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Post by 2ncrca on Apr 14, 2011 12:42:59 GMT -5
Regardless of the political orientation of the website, it smells of further abuse of power.
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Post by avordvet on Apr 14, 2011 13:00:12 GMT -5
Regardless of the political orientation of the website, it smells of further abuse of power. The Government always requires us to keep an eye on 'em, but using an unknown source could lead people in the wrong direction. I'm thinking that an arrest for something like this would be top news all over the net. The Demandprogress.org Site was founded 145 days ago by Aaron Swartz , who also happens to be the co founder of The Progressive Change Campaign Committee (PCCC) boldprogressives.org/homeI'll scope out some of the more reputable sites and see if it will reveal more on the subject.
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Post by avordvet on Apr 14, 2011 13:05:41 GMT -5
As I thought there was a little more to the story... The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) arrested Bryan McCarthy, 32, earlier this month and charged him with one count of copyright infringement.Since December 2005, McCarthy operated channelsurfing.net out of his home in Texas until federal authorities seized it last month as part of an ongoing investigation into websites that illegally streamed copyrighted sporting telecasts and pay-per-view events.Read more: www.foxnews.com/politics/2011/03/12/group-challenges-arrest-man-linking-websites/#ixzz1JWALNO00
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Post by 2ncrca on Apr 14, 2011 13:13:40 GMT -5
Good find, Don. Thanks. Although, as you know, there have been a number of attempts to bring suit against individuals for copyright infringement in spite of the "fair usage" provisions incorporated into case law and statutes. If this individual is providing links to material which is otherwise available only through the payment of a fee to the licensed provider, then the arrest is warranted. The only unanswered question then is how does DHS get involved in a matter that should be under the jurisdiction of the FBI?
Since when does copyright infringement qualify as a terrorist, immigration, or any other form of national security matter?
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Post by safetalker on Apr 14, 2011 13:21:25 GMT -5
Obama signed on to the United nations Internet piracy treaty. It hasn't been approved by the Senate, but since the DHS comes under Obama they will do as told on a memo.
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Post by avordvet on Apr 14, 2011 13:29:30 GMT -5
The only unanswered question then is how does DHS get involved in a matter that should be under the jurisdiction of the FBI? Since when does copyright infringement qualify as a terrorist, immigration, or any other form of national security matter? You got that right... thanks PATRIOT Act!
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Post by 2ncrca on Apr 14, 2011 13:53:27 GMT -5
The arrest certainly deserves a quo warranto motion, or a motion questioning on what grounds does DHS have the authority to arrest for the alleged complaint? At the same time file for an unauthorized arrest and dismissal of charges. A law enforcement agency must have the authority to arrest for the alleged crime and DHS obviously does not-at least not at the present time.
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